§ 5217. "Hit and run" causes of action. The protection provided by
this article shall not apply to any cause of action by a qualified
person arising out of a motor vehicle accident occurring in this state
against a person whose identity is unascertainable, unless the bodily
injury to the qualified person arose out of physical contact of the
motor vehicle causing the injury with the qualified person or with a
motor vehicle which the qualified person was occupying (meaning in or
upon or entering into or alighting from) at the time of the accident.